Is a 24 hour ban such a bad thing?

Farmer, Clare 2014, Is a 24 hour ban such a bad thing?, Australian journal of human rights, vol. 20, no. 2, pp. 39-61.

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Title Is a 24 hour ban such a bad thing?
Author(s) Farmer, ClareORCID iD for Farmer, Clare
Journal name Australian journal of human rights
Volume number 20
Issue number 2
Start page 39
End page 61
Total pages 23
Publisher LexisNexis
Place of publication Chatswood, N.S.W.
Publication date 2014
ISSN 1323-238X
Keyword(s) police-imposed punishment
discretionary summary justice
due process
criminal justice procedures
banning notice provisions
individual rights
Summary A key element in Australian policing in recent years is the growth of police-imposed discretionary summary justice. The rise and impact of on-the-spot fines, infringement notices, exclusion orders and move-on powers enable police-initiated resolutions and punishments to be imposed, often without legal or judicial intervention. These operational policing mechanisms reflect underlying pressures to reduce costs, ease the burden on the court system, and speed up the decision-making process, but when viewed from a human rights perspective the potential consequences are significant. Focusing on the legislative development of banning notices in Victoria, this article highlights the impact of such a police-imposed punishment upon individual due process procedural protections. Banning notices deny the recipient the right to conduct a defence, undermine the presumption of innocence, and conflate notions of pre-emption and punishment. The rhetoric upon which the banning notice legislation is predicated obviates meaningful scrutiny of the diminution of individual rights that are implicit in its enactment. A perceived ‘need’ to control disorder and ‘re-balance’ justice to prioritise community protection is used to legitimise any consequential impact upon the principles of criminal law, due process and human rights.
Language eng
Field of Research 160205 Police Administration, Procedures and Practice
160203 Courts and Sentencing
160201 Causes and Prevention of Crime
1801 Law
1602 Criminology
1608 Sociology
Socio Economic Objective 940403 Criminal Justice
HERDC Research category C1.1 Refereed article in a scholarly journal
Copyright notice ©2014, Australian Journal of Human Rights and contributors
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